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HomeMy WebLinkAbout20011305.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Sparboe Horizon Corporation Case Number 3r° AmUSR-655 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Field check by Planning Commissioner X 5 Letter to Applicant X 6 Digital photo of County Employees on tour of facility X 7 Legal Notifications (3 pages) X 8 Application (24 pages) X 9 Referral list X 10 CSU Extension referral received 03/26/01 X 11 Colorado Division of Wildlife referral received 03/20/01 X 12 Town of Hudson referral received 03/22/01 X 13 USDA-APHIS Veterinary Service referral received 03/06/01 X 14 Platte Valley Soil Conservation District referral received 03/30/01 X (2 pages) 15 Weld County Department of Public Health and Environment X referral received 03/21/01 16 Weld County Department of Public Health and Environment X referral received 04/04/01 (4 pages) 17 Weld County Department of Public Works referral received X 03/22/01 (6 pages) 18 Weld County Building Inspection referral received 03/12/01 X 19 Weld County Zoning Compliance referral received 02/28/01 X 20 City of Ft. Lupton referral received 03/01/01 X 21 8 1/2 X 11" maps (8 pages) X 22 Certificate of Conveyance and Title Commitment (23 pages) X 23 Surrounding Property Owners (6 pages) X 24 Memo to Division of Water Resources from Julie Chester X 2001-1305 EX IBIT a 3rJ An,USei6SSS 25 Central Colorado Water Conservancy District Letter dated X 02/05/01 (2 pages) 26 Septic permit G19840212 X 27 Well information (9 pages) X 28 Soil Report(7 pages) X 29 Photo of Sign Posting X 30 Fax and letter from H.S. Gathering received 04/16/01 X 30 Items submitted at planning commission I hereby certify that the 30 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. /(Z-L- K2 7/ /? Julie A. Chester*Lead Planner WIDc LANDSUMMARY S ON H ET COLORADO Case #: 3rdAmUSR-655 Hearing Date: April 17, 2001 Applicant: Sparboe Horizon Corporation, 35 E. 4"' Street, P.O. Box 961, Litchfield, MN 55355 P.O. Box 429, 6339 WCR 47, Hudson, CO 80642 Representative for the applicant: AgPro Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont, CO, 80504 Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (an amendment to an egg production facility housing a maximum of 1,620,000 layers) in the Agricultural Zone District Legal Description: E2 of Section 35, T2N, R65W of the 6`h P.M., Weld County, Colorado Location: North of and adjacent to 1-76 Frontage Road, West of and adjacent to WCR 47 Size of Parcel: +/- 310 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Extension Office, referral received March 26, 2001 • Colorado Division of Wildlife, referral received March 20, 2001 Town of Hudson, Planning Commission, referral received March 22, 2001 • USDA-APHIS Veterinary Services-Colorado Area, referral received March 6, 2001 • Platte Valley Soil Conservation District, referral received March 30, 2001 • Weld County Department of Public Health and Environment, referral received March 21, 2001 and April 4, 2001 • Weld County Department of Public Works, referral received March 22, 2001 • Weld County Building Inspections, referral received March 12, 2001 • Weld County Zoning Compliance, referral received February 28, 2001 • City of Ft. Lupton, referral received March 1, 2001 EXHIBIT a • a c•S Spa'boc,3rd ArUSR-655, Page I I ` titre,� SPECIAL REVIEW PERMIT \I ADMINISTRATIVE REVIEW IRk. COLORADO PLANNER: Julie A. Chester HEARING DATE: April 17, 2001 CASE NUMBER: 3r° AmUSR-655 APPLICANT: Sparboe Horizon Corporation, 35 E. 4"' Street, P.O. Box 961, Litchfield, MN 55355 P.O. Box 429, 6339 WCR 47, Hudson, CO 80642 Representative for the applicant: AgPro Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont, CO, 80504 REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (an amendment to an egg production facility housing a maximum of 1,620,000 layers) in the Agricultural Zone District LEGAL DESCRIPTION: E2 of Section 35, T2N, R65W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to 1-76 Frontage Road, West of and adjacent to WCR 47 SIZE OF PARCEL: 310 +/- acres PARCEL NUMBER: 1307-35-000003 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23- 2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code, as follows: a. Section 23-2-220A.1 -- That the proposal is consistent with Chapter 22 and any other applicable code provisions and ordinances in effect. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The U.S.D.A. Soil Conservation Map indicates that the property is"prime, if irrigated"and "other land". The egg laying facility has been an approved use on the property since 1984 with a Site Specific Development Plan and Special Review Permit. A.Policy 1 states, "Agricultural zoning will be established and maintained to protect and promote the County's agricultural industry." b. Section 23-2-220A.2 -- The proposal is consistent with the intent of the (A) Agricultural Zone District. The property is zoned Agricultural and Section 23-3- Sparboe,3rd AmUSR-655, Pagc 2 40.B.16 states that Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including livestock confinement operations, are permitted as a Use by Special Review in the Agricultural Zone District. c. Section 23-2-220.A.3 --The uses which would be permitted will be compatible with the existing surrounding land uses. USR-655 was approved by the Board of County Commissioners on December 19, 1984 for a Site Specific Development Plan and Special Review Permit for 750,000 laying chickens, with amendments to the permit on December 30, 1987 and September 20, 1989 for 1,750,000 laying chickens and other site changes. The Board determined that the use was compatible with existing, surrounding land uses, at the time those permits were reviewed. Surrounding land uses include agricultural lands and uses to the north, east, and west and 1-76 and the Town of Hudson to the south. The closest offsite residential property is approximately one mile to the east. Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. The Conditions of Approval and Development Standards will ensure the health, safety and welfare of the citizens of Weld County. d. Section 23-2-220.A.4 --The uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the comprehensive plan or master plans of affected municipalities. The proposed expansion is within the three mile referral area of the Town of Hudson. Weld County does not currently have an Intergovernmental Agreement with the Town of Hudson and the Town's Planning Commission returned their referral response that they found no conflicts with their interests. e. Section 23-2-220.A.5 -- This proposal does not lie within any Overlay Districts. f. Section 23-2-220.A.6 — If the use is proposed to be located in the Agricultural Zone District, the applicant shall demonstrate a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property is not indicated as having prime soils, as stated previously and the use of a facility has occurred on the property as a Use by Special Review since 1984. g. Section 23-2-220.A.7--There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The attached Conditions of Approval and Development Standards ensure the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. h. Section 23-4-710 --The applicant shall comply with the additional requirements of the Livestock Feeding Performance Standards. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Sparboc,3rd AmUSR-655, Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 180 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. Prior to recording the plat: A. Provide a map to the Weld County Department of Public Health and Environment and Department of Planning Services delineating the location of all septic systems on the property. (Weld County Department of Public Health and Environment) 1) All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment and comply with the Weld County Code pertaining to septic systems. Any existing septic system(s)which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Evidence of compliance with the Department of Public Health and Environment, regarding septic permits, shall be submitted to the Department of Planning Services. (Weld County Department of Public Health and Environment) B. Apply for an Underground Injection Control (UIC) Class V Injection Well permit through the Environmental Protection Agency (EPA), for the septic systems that serve the truck wash facility and maintenance shop and any other septic system that serves a floor drain where wastes from the maintenance of vehicles could be disposed. Or, provide evidence that the applicant is not subject to the EPA Class V requirements. Evidence of compliance with the Department of Public Health and Environment, regarding septic permits, shall be submitted to the Department of Planning Services. (Weld County Department of Public Health and Environment) C. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control (CAFO) Regulations and the additional requirements outlined below and evidence of such shall be submitted to the Department of Planning Services. This shall be demonstrated by submitting a comprehensive manure and waste water management plan for the proposed operation to the Weld County Department of Public Health and Environment for review and approval. This plan shall include, but not be limited to the following: 1. Demonstration that all waste water collection, conveyance, and retention facilities are adequately sized and constructed to handle and retain the storm water run-off generated from a twenty-five year, twenty-four hour storm event. This shall be conducted by a Registered Professional Engineer. (Weld County Department of Public Health and Environment) Sparboe,3rd AmUSR-655, Page 4 2. Demonstration that any existing or proposed waste water retention structure has been or will be constructed in accordance with the criteria described in the CAFO Regulations. The demonstration shall be conducted by a Registered Professional engineer. (Weld County Department of Public Health and Environment) 3. A site map demonstrating the layout of the site. This should include the locations of all barns, structures, feed storage areas, any water courses through the property, lagoons, etc. (Weld County Department of Public Health and Environment) 4. Demonstration that the facility has the ability to manage, dispose, and/or land apply manure and waste water at agronomic rates in accordance with the CAFO regulations. (Weld County Department of Public Health and Environment) 5. The method that wastewater, produced from washing the interior of the barns,will be collected, treated, and/or disposed. Including a description of all containment features and any specific practices that will be incorporated to prevent a discharge from the facility. (Weld County Department of Public Health and Environment) 6. Demonstration that adequate measures are in place to prevent any discharges except those which are allowed by the CAFO Regulations. (Weld County Department of Public Health and Environment) 7. Other necessary measures which are required in order to comply with the CAFO Regulations. (Weld County Department of Public Health and Environment) 8. A description of the types of records that will be maintained on the facility, as required by the CAFO Regulations. (Weld County Department of Public Health and Environment) D. In accordance with CAFO,the applicant shall submit the facility's manure and waste water management plan to the Colorado Department of Public Health and Environment for review and comment. Evidence of approval shall be submitted to the Department of Planning Services. (Weld County Department of Public Health and Environment) E. The applicant shall attempt to address the concerns of the Platte Valley Soil Conservation District, as stated in the referral response received March 30, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. The applicant shall enter into an agreement with any oil and gas mineral owners or lessees, to address any concerns or submit evidence that reasonable efforts have been made to address those concerns. Documentation of such, shall be submitted to the Department of Planning Services. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Sparboe,3rd AmUSR-655, Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Stromo Horizon Corporation, c/o AgPro 3rd AmUSR-655 1. A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (an amendment to an egg production facility housing a maximum of 1,620,000 layers) in the Agricultural Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Article VIII Section 23- 8-10 of the Weld County Code. (Department of Planning Services) 3. Fugitive dust shall be controlled on this site. At all times, the facility shall be operated in accordance with the control measures described in the Management Plan for Nuisance Control, dated February 19, 2001. (Weld County Department of Public Health and Environment) 4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Weld County Department of Public Health and Environment) 5. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Weld County Department of Public Health and Environment) 6. The facility shall maintain compliance with Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and, Section 23-4-710 of the Weld County Code, as amended. (Weld County Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (Weld County Department of Public Health and Environment) 8. Any required NPDES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Public Health&Environment. (Weld County Department of Public Health and Environment) 9. The facility shall not discharge run-off or other waste waters to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. (Weld County Department of Public Health and Environment) 10. Wastes materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Weld County Department of Public Health and Environment) Sparboc,3rd AmUSR-653, Page 6 11. The applicant shall remove and handle manure and waste water from the poultry houses in a manner that will prevent nuisance conditions. In no event shall the facility impact or degrade waters of the State in violation of the Confined Animal Feeding Operations Control Regulation (5 CCR 1002-19). (Weld County Department of Public Health and Environment) 12. The facility shall be operated in accordance with the odor control measures described in the Management Plan for Nuisance Control, dated February 19, 2001. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgement of the Weld County Health Officer, there exists an odor condition requiring abatement. (Weld County Department of Public Health and Environment) 13. A spillage retention berm shall be required around any fuel container with a volume greater than 50 gallons. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. (Weld County Department of Public Health and Environment) 14. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with the control measures described in the Management Plan for Nuisance Control, dated February 19, 2001. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. The plan shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly (associated with facility) complaints, and in the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. (Weld County Department of Public Health and Environment) 15. Any septic system located on the property must comply with all provisions of the Weld County Individual Sewage Disposal System Regulations. (Weld County Department of Public Health and Environment) 16. There shall be no burning conducted at the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control Commission Regulations. (Weld County Department of Public Health and Environment) 17. With exception to emergency conditions, no manure shall be stored, on the property, outside of the poultry houses. The facility shall maintain evidence that it has the ability to prevent the stockpiling of manures on the property. The evidence may consist of any contract(s) or agreement(s)with any property owner, composting firm, or other entity, that will dispose, treat, process, etc. any manures generated on this facility. (Weld County Department of Public Health and Environment) 18. The facility shall attempt to assure that any individual, corporation, etc. that removes manure from the property has the ability to manage the manure to prevent nuisance conditions and has the ability to comply with any Local, State, or Federal rules. The facility Sparboe,3rd AmUSR-655, Page 7 shall provide an accurate analysis of the nutrient content of any manure produced on the property to any individual, corporation, etc. that removes the manure from the site. (Weld County Department of Public Health and Environment) 19. The facility shall contract with a commercial waste hauler to dispose non-agricultural wastes and dead chickens. (Weld County Department of Public Health and Environment) 20. The new road and parking areas in the expansion shall be graded and drained to provide an all-weather access to the expansion. (Department of Public Works) 21. The hours of operation are up to 24 hours per day, 365 days per year. Equipment operations,trucks,farming activities and maintenance activities other than emergencies will occur primarily during daylight hours. (Department of Planning Services) 22. All construction on the property shall be in accordance with the requirements of Chapter 19 of the Weld County Code. (Weld County Building Inspections) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. (Department of Planning Services) 25. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 26. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Sparboc,3rd AmUSR-655, Page 8 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970) 304-6498 111 D1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 26, 2001 AgPro Environmental Services, LLC Attn: Sharyn Frazer 4311 Hwy 66, Ste 4 Longmont, CO 80504 Subject: 3`° AmUSR-655- Request for a Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: Livestock Confinement Operations (an amendment to an egg productions facility housing a maximum of 1,620,000 layers)in the Agricultural Zone District on a parcel of land described as E2 of Section 35,Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Ms. Frazer: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for April 17, 2001, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Hudson Planning Commission for their review and comments. Please call the Town of Hudson at 303-536-9311 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, C liZtl 'C/ _ /(1-6612 EXHIBIT Julie Chester Planner S Fr IISIHX3 • i3 L T T•d"d " pie 1. 14 � t �4 1 'y .' fit bit R f+f�N P UF� a^f p t. ` t ,. CAM r IOUntflna d'4N r— , :.I. ANMACMIAIr10•' „,. Mp/N l N1 t ealS 1 EXHIBIT FIELD CHECK CASE NUMBER: 3r°AmUSR-655 DATE OF INSPECTION: a/&/oi APPLICANT'S NAME: Sparboe Horizon Corporation PLANNER: Julie Chester REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: Livestock Confinement Operations (an amendment to an egg productions facility housing a maximum of 1,620,000 layers) in the Agricultural Zone District. LEGAL DESCRIPTION: E2 of Section 35,Township 2 North, Range 65 West of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to I-76 Frontage Road, west of and adjacent to WCR 47. LAND USE: n N 9 E J S j r 7 t W �q ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: T7n 180 t 226Li ) MWILA HutheiLl Bf+.e-' CI) �-,,:Qi .j /.1®+.141 bia a-r- A .J1EL takei aided . P.C. Member P' tt- EXHIBIT FIELD CHECK inspection date: April 5, 2001 CASE NUMBER: 3"[ Am(?SP. 655 APPLICANT: Sparboe I Iorizon Corporation, c/o AgPro Hnvironmental LEGAL DESCRIPTION: The E2 of Section 35, T2N, R65\Xt of the 6r" P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 1-76 Frontage Road, west of and adjacent to WCR 47 Zoning Land Use N A (Agricultural) N Agricultural uses E A (Agricultural) E Agricultural uses, center pivot, closest residence is approximately one mile to east S A (Agricultural) S 1-76, Town of Hudson W A (Agricultural) W Agricultural uses, rural location COMMENTS: • On Site: I]xisting facility with twelve buildings which house the laying chickens. There is an office building, which also accommodate the egg processing and shipping areas. There is an existing modular home for the manager with a garage. The property is in good condition and the facility is located in a good area for the use. The closest offsite residence is approximately one mile to the cast. There are no violations occurring on the property. _, ,, l ,../7,,,,„_, . , ceisester, Current Planner ` EXHIBIT s 3 3 Hello